Terms & Conditions

Terms & Conditions

This User Agreement (“Agreement”) is a contract between you and PayRent LLC (“Company”) and applies to your use of PayRent.com products and services and any other PayRent.com features, technologies, and/or functionalities offered by Company on our website or through any other means (the “PayRent.com Services”). The PayRent.com services are provided to you subject to this Agreement.

Fees for Sending Money

When sending a rent payment using PayRent.com, a procesing fee is incurred, the amount of which is determined by the method of payment. ACH transactions incur a 0.25% fee, and credit/debit card transactions incur a 3.5% processing fee plus a $0.30 transaction fee. These fees may change from time to time at the sole discretion of PayRent.com. You may be subject to third party fees, such as insufficient fund fees, reversal fees, or ACH insufficient fund fees that a bank may charge if your payment is rejected.

Debit Card Processing

PayRent.com will process your debit card-funded transactions through either the debit cards ATM debit network or the Visa/MasterCard network, as PayRent.com may elect at its discretion.

Bank Transfers

When your checking account is used as your funding source, you are requesting that we initiate on your behalf an electronic transfer from your bank account. For these transactions, PayRent.com will make electronic transfers (via the Automated Clearing House (“ACH”) of NACHA – The Electronic Payment Association (“NACHA”)) from your bank account in the amount you specify. You agree that such requests constitute your authorization to Company to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and Company may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA’s ACH rules (collectively, the “ACH Rules”), or applicable law.

Identity Authentication

You hereby authorize PayRent.com, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information and, for business accounts (ie: Property Managers), your company or employer. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes only and will not be shared or sold to any third parties.

Terms for PayRent.com Services

The PayRent.com services allow you to make payments to and accept payments from renters and landlords. You may use the PayRent.com services on your mobile device or through a web browser.

PayRent.com has no responsibility for the actions of your transfer recipient or for the subject of the transfer. We do not guarantee the identity of any user of the PayRent.com services or that a sender or a recipient can or will complete a transaction.

How to Close Your Account?

As long as there is no pending or in progress transactions, you may close your account at any time. You may close your account by logging in to your account from a web browser, clicking on the “Settings” tab, clicking on the “Delete my PayRent.com Account”.

Termination

Upon termination of this Agreement for any reason, we have the right to prohibit your access to the PayRent.com services, including without limitation by deactivating your username and password, and to refuse future access to the PayRent.com Services by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors

Representations

If you are a business entity, you represent that you are duly authorized to do business in the United States; and your employees, officers, representatives, and other agents accessing the PayRent.com services are duly authorized to access the PayRent.com services and to legally bind you to this User Agreement and all transactions conducted under your username and password

Authority of Officers and Employees

If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the Business username and/or password shall be vested by you with the authority to use the PayRent.com services and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the PayRent.com services using your user name and password. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.

GENERAL TERMS AND CONDITIONS.

Notices to You

You agree that PayRent.com may provide notice to you by posting it on our website or if we have your email address or street address, by emailing it to the email address listed in your account or mailing it to the street address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. PayRent.com Business Days include all days on which the New York Federal Reserve Bank is open for business. We may also provide notice when you access the PayRent.com services.

Business Days

“Business Days” means Monday through Friday, excluding Holidays. “Holidays” means New Year’s Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25).If a Holiday falls on a Saturday, Company shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, Company shall observe the Holiday on the following Monday.

Notices to Company

Calls to You

By Providing Company a telephone number (including a wireless/cellular telephone), you consent to receiving auto-dialed and prerecorded message calls from PayRent.com at that number should the need arise.

PayRent Websites

The Company’s PayRent websites may feature third party offers and enable product searches. Company does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content on Company websites is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by Company of any product, service or vendor.

Intellectual Property

“PayRent.com”, PayRent and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Company or its licensors. You may not copy, imitate or use them without Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Company through our vendor services, SMS tools, promotional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Company or the Service or display them in any manner that implies Company’s sponsorship or endorsement. All right, title and interest in and to the PayRent.com website and any content thereon is the exclusive property of Company and its licensors.

Certain other product or service names, brand names and company names may be trademarks of their respective owners.

Taxes

It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. PayRent.com is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

Privacy

Protecting your privacy is very important to us. Please review our privacy policy. in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

If you receive information about another PayRent.com user through the PayRent.com Services, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute a PayRent.com user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so.

Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 18 to register for the PayRent.com services. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 is allowed to provide any personal or payment information to us through the PayRent.com Services. If we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at the information provided below in the “Contact Us” section.

Disclaimers of Warranty; Damages Exclusions

Unless otherwise prohibited by law, you assume all responsibility for your use of the PayRent.com services and use them at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, no infringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Company does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services, or the servers that process information for the services, are free of viruses, bugs or other harmful components. On behalf of Company, Covered Third Parties, and each of our respective affiliates, vendors, agents and suppliers, Company makes the following disclaimers set forth in this section: the services are provided on an“as is”,“as available”and“with all faults”basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the services, or the information, content or other materials related to the services, whether provided by Company or any of the Covered Third Parties. Neither Company nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the services, including, but not limited to, your mobile phone or other device.

COMPANY IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THE PAYRENT SERVICES, AND YOU AGREE TO HOLD COMPANY HARMLESS AND INDEMNIFY COMPANY FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network.

Neither Company, the Covered Third Parties nor any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the services, including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

Company does not have any control over any products or services that are paid for with our services and Company cannot ensure that any party you are dealing with will actually complete the transaction or is authorized to do so.

Company will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Company makes no representations or warranties regarding the amount of time needed to complete processing because Company is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitations on Liability

Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, Company’s cumulative liability to you for any claims or damages arising out of or related to your use of the PayRent.com Services shall not exceed the greater of the fee you paid to Company for the use of the PayRent.com Services or $1.00 USD.

These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate you for any losses; or Company or a Covered Third Party knew or should have known about the possibility of the damages.

These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.

Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

License Grant

Certain of the Services require the use of software and software applications provided to you by Company (collectively “Software”). Company and its licensors grant you a limited, nonexclusive license to use Company’s Software in the United States that we provide to you solely in accordance with this Agreement and any user documentation we may provide, including all updates, upgrades, new versions and replacements of the Software (all of which become part of the “Software”) for your personal use only in accordance with this Agreement. If the Software will be downloaded to a mobile device, this license extends to your use of the Software on a device that you own or control, as long as your use is permitted by the usage rules set forth for your particular device (for example, the Apple App Store Terms of Use). You may not rent, lease or otherwise transfer your rights in the Software to a third party. You must comply with the implementation and use requirements for the Software contained in this Agreement or in any PayRent Services documentation we provide to you. If you do not comply with such implementation and use requirements, you will be liable for all resulting damages suffered by you, Company or any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to Company’s software are owned by Company. Your rights to use the Software cease immediately upon termination of this Agreement and you must delete all of your copies of the Software..

Indemnification

You agree to defend, indemnify and hold harmless PayRent.com and its parent, affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorney’s fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the PayRent Services.

Release of Company

If you have a dispute with one or more users relating to payment, PayRent.com is not responsible for any such dispute and you hereby release PayRent.com (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

Modification of Terms

We may amend this agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it unless it contains material changes. If we make changes to our agreements with you that either reduce your rights or increase your responsibilities, we will provide 21 days’ notice to you before the changes become effective. By using the PayRent.com Services after a new agreement has been posted, you agree to the revised Agreement.

Survival

In the event of termination of this Agreement or the PayRent.com Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.

Force Majeure

We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.

Miscellaneous

This Agreement and other documents (including but not limited to the Privacy Policy) referenced in or linked to this Agreement, which are hereby incorporated herein and made a part of this agreement by this reference, contain yours and our entire agreement regarding your use of the PayRent.com services. If any provision of this agreement is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforceability will not affect the validity or enforceability of any other provisions of this agreement, which together will be construed as if such illegal or unenforceable provision had not been included in this agreement. Any legal action arising out of your use of the PayRent.com Services must be brought within one year after the cause of action has arisen. The section headings in this agreement are for convenience of reference only and are not to be considered as parts, provisions or interpretations of this agreement. You may not transfer or assign any rights or obligations you have under this agreement without PayRent.com prior written consent. Company reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.

Our Partners

In order to use the e-check (ACH) payment functionality of PayRent.com, you must open a “White Label” account provided by Dwolla, Inc. (“Dwolla”) and you must accept theWePay Terms of ServiceandPrivacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in theWePay Terms of Service. You authorize PayRent.com to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through PayRent.com, and Dwolla account notifications will be sent by PayRent.com, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at www.PayRent.com, support@elb.payrent.com, and/or (619) 675-7368.

PayRent.com also uses Plaid Technologies, Inc. (“Plaid”) to gather End User’s data from financial institutions. By using our service, you grant Client and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with thePlaid Privacy Policy.

PayRent.com and its affiliates is not financially responsible or liable for any transaction losses incurred by its users.

Authorized Services

I authorize PayRent.com to facilitate payments from my Residents via ACH and/or credit card processing to deposit accounts I provide to PayRent.com. If a dispute arises after payment is remitted to landlord/owner/agent, or in the event the Resident rescinds payment before remittance, or in the event of a chargeback or not-sufficient funds, the responsibility to settle the dispute rests with the Resident and Landlord/Owner/Agent. PayRent.com and our payment processors cannot be held liable for delivering rent payments in dispute or where funds are insufficient or charged back to the originating credit card and/or bank transfer. I understand that the credit for these returned funds will be reversed from the original deposit account by the account holder’s bank or credit card company. In this event, I certify the funds will be available for reversal and will be liable in the event the funds are not available.

HOW TO CONTACT US

If you have questions or concerns regarding this Agreement or your PayRent.com account, or any feedback that you would like us to consider, please email us atsupport@elb.payrent.com.